P. v. Nguyen
Filed 7/31/06 P. v. Nguyen CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. PHONG QUOC NGUYEN, Defendant and Appellant. | G035284 (Super. Ct. No. 02WF2679) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Patrick Donahue, Judge. Affirmed.
A. M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Arlene Aquintey Sevidal, Deputy Attorneys General, for Plaintiff and Respondent.
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The trial court sentenced defendant Phong Quoc Nguyen to prison after a jury convicted him of conspiracy to commit murder, five counts each of attempted murder and assault with a semiautomatic firearm, plus one count of street terrorism and returned findings that he personally discharged a firearm causing great bodily injury and committed the first eleven crimes for the benefit of, at the direction of, or in association with a criminal street gang. Defendant challenges the sufficiency of the evidence concerning the street terrorism charge and gang enhancement allegations, plus asserts several related evidentiary claims as to the gang-related verdict and findings. In addition, defendant contends the prosecutor committed misconduct by making a misstatement of the law during closing argument. Finally he claims the trial court erred in sentencing him. Finding no prejudicial error, we affirm the judgment.
FACTS
The Current Criminal Offenses
Little Saigon Hoodlums (LSH) is the rival of a street gang named Asian Boyz. The tension between these two groups arose, in part, from a personal dispute between Michael Dinh, a leader of Asian Boyz, and an LSH member. There was evidence that there also had been shooting incidents between LSH and Asian Boyz in 1997 and 1998 and in the months preceding November 2002.
Around 2:30 a.m. on November 2, Dinh, nicknamed â€
